TN Visa Requirements: Step-by-Step Guide on the TN Visa Requirements

 

The TN visa is a powerful option for citizens of Canada and Mexico to live and work in the United States. With a TN visa, a US company can offer you a job without going through the Department of Labor and getting a Labor Certification. Yet, the TN visa has multiple requirements. To get your TN visa approved, it is critical that you understand and satisfy all of the TN visa requirements.

 

In this guide, I will discuss the TN visa requirements.

 

If you have any questions, email me directly at Michael@AshooriLaw.com. I’m highly responsive via email and I would be happy to help you.

 

Overview:

 

1. General Overview of the TN Visa

2. Breakdown of the TN Visa Requirements

3. You Must be a Citizen of Canada or Mexico

4. You Must have a Job Offer

5. Your Proposed Job Must be One of the Professions on the TN Occupation List

6. You Must Meet the Educational and Professional Requirements for the Profession

7. You Must Have Non-Immigrant Intent

8. Conclusion

 

1. General Overview of the TN Visa

 

The TN visa is a non-immigrant visa for citizens of Canada and Mexico. With a TN visa, a Mexican or Canadian citizen can work for a company in the United States. Because the TN visa is a non-immigrant classification, it is temporary and does not directly lead to a green card. The TN visa initially grants 3 years of status in the United States and can be extended without limit.

 

2. Breakdown of the TN Visa Requirements

 

To get a TN Visa, there are 5 main requirements:

 

• You must be a citizen of Canada or Mexico
• You must have a job offer to work in the United States
• Your proposed job must be listed on the TN Occupation List
• You must possess the educational and professional requirements for the proposed US job
• You must have non-immigrant intent

 

3. You Must be a Citizen of Canada or Mexico

 

In order to qualify for a TN visa, you must be a citizen of Canada or Mexico. If you are a lawful permanent resident of Canada or Mexico but are not a citizen, you do not qualify.

 

4. You Must Have a Job Offer

 

In order to qualify for a TN visa, you must have a job offer to work in the United States. The TN visa is not a self-employment visa. The TN visa does not allow you to start a business in the United States and work for that business. Similarly, the TN visa does not allow you to work for a company that you are the sole owner of. You must actually have a job offer to work for a company.

 

5. Your Proposed Job Must be One of the Jobs Listed on the TN Occupation List

 

To qualify for a TN visa, your proposed US job must be listed on the TN occupation list. The TN visa is limited to certain professions. There are certain categories of jobs that qualify for a TN visa. If the profession is not listed on the TN occupation list, it will not qualify for a TN visa.

 

Below is the TN Occupation List along with the educational and professional requirements for each occupation:

 

General Occupations

 

• Accountant - Baccalaureate or Licenciatura Degree OR CPA, CA, CGA, or CMA

 

• Architect - Baccalaureate or Licenciatura Degree OR State/provincial license

 

• Computer Systems Analyst - Baccalaureate or Licenciatura Degree OR Post-secondary certificate and 3 years of experience

 

• Disaster Relief Insurance Claims Adjuster - Baccalaureate or Licenciatura Degree and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims OR 3 years of experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims

 

• Economist - Baccalaureate or Licenciatura Degree

 

• Engineer - Baccalaureate or Licenciatura Degree OR state or provincial license

 

• Forester - Baccalaureate or Licenciatura Degree OR state or provincial license

 

• Graphic Designer - Baccalaureate or Licenciatura Degree

 

• Hotel Manager - Baccalaureate or Licenciatura Degree in hotel/restaurant management OR Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management and 3 years of experience in hotel/restaurant management

 

• Industrial Designer - Baccalaureate or Licenciatura Degree OR Post-Secondary Diploma or Post-Secondary Certificate and 3 years of experience

 

• Interior Designer - Baccalaureate or Licenciatura Degree OR Post-Secondary Diploma or Post-Secondary Certificate and 3 years of experience

 

• Land Surveyor - Baccalaureate or Licenciatura Degree OR state, provincial, or federal license

 

• Landscape Architect - Baccalaureate or Licenciatura Degree

 

• Lawyer (Including Notary in the Province of Quebec) - LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (5 years) OR membership in a state or provincial bar

 

• Librarian - M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite)

 

• Management Consultant - Baccalaureate or Licenciatura Degree OR equivalent professional experience as established by statement or professional credential attesting to 5 years of experience as a management consultant OR 5 years of experience in a field of specialty related to the consulting agreement

 

• Mathematician (Including Statistician) - Baccalaureate or Licenciatura Degree

 

• Range Manager/Range Conservationist - Baccalaureate or Licenciatura Degree

 

• Research Assistant - Baccalaureate or Licenciatura Degree

 

• Scientific Technician/Technologist - No degree required (but the TN worker must directly support a degreed professional); 2. Possession of theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; AND 3. the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research

 

• Social Worker - Baccalaureate or Licenciatura Degree

 

• Sylviculturist (Including Forestry Specialist) - Baccalaureate or Licenciatura Degree

 

• Technical Publications Writer - Baccalaureate or Licenciatura Degree OR Post-Secondary Diploma or Post-Secondary Certificate and 3 years of experience

 

• Urban Planner (Including Geographer) - Baccalaureate or Licenciatura Degree

 

• Vocational Counselor - Baccalaureate or Licenciatura Degree

 

Medical Fields

 

• Dentist - D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental OR state or provincial license

 

• Dietician - Baccalaureate or Licenciatura Degree OR state or provincial license

 

• Medical Laboratory Technologist/Medical Technologist - Baccalaureate or Licenciatura Degree OR Post-Secondary Diploma or Post-Secondary Certificate and 3 years of experience

 

• Nutritionist - Baccalaureate or Licenciatura Degree

 

• Occupational Therapist - Baccalaureate or Licenciatura Degree OR state or provincial license

 

• Pharmacist - Baccalaureate or Licenciatura Degree OR state or provincial license

 

• Physician (Teaching or Research Only) - M.D. or Doctor en Medicina OR state or provincial license

 

• Physiotherapist/Physical Therapist - Baccalaureate or Licenciatura Degree OR state or provincial license

 

• Psychologist - Licenciatura Degree OR state or provincial license

 

• Recreational Therapist - Baccalaureate or Licenciatura Degree

 

• Registered Nurse - Licenciatura Degree OR state or provincial license

 

• Veterinarian - D.V.M., D.M.V. or Doctor en Veterinaria OR state or provincial license

 

Scientist Occupations

 

• Agriculturalist (Including Agronomist) - Baccalaureate or Licenciatura Degree

 

• Animal Breeder - Baccalaureate or Licenciatura Degree

 

• Animal Scientist - Baccalaureate or Licenciatura Degree

 

• Apiculturist - Baccalaureate or Licenciatura Degree

 

• Astronomer - Baccalaureate or Licenciatura Degree

 

• Biochemist - Baccalaureate or Licenciatura Degree

 

• Biologist (Including Plan Pathologist) - Baccalaureate or Licenciatura Degree

 

• Chemist - Baccalaureate or Licenciatura Degree

 

• Dairy Scientist - Baccalaureate or Licenciatura Degree

 

• Entomologist - Baccalaureate or Licenciatura Degree

 

• Epidemiologist - Baccalaureate or Licenciatura Degree

 

• Geneticist - Baccalaureate or Licenciatura Degree

 

• Geochemist - Baccalaureate or Licenciatura Degree

 

• Geologist - Baccalaureate or Licenciatura Degree

 

• Geophysicist (Including Oceanographer) - Baccalaureate or Licenciatura Degree

 

• Horticulturist - Baccalaureate or Licenciatura Degree

 

• Meteorologist - Baccalaureate or Licenciatura Degree

 

• Pharmacologist - Baccalaureate or Licenciatura Degree

 

• Physicist (Including Oceanographer) - Baccalaureate or Licenciatura Degree

 

• Plant Breeder - Baccalaureate or Licenciatura Degree

 

• Poultry Scientist - Baccalaureate or Licenciatura Degree

 

• Soil Scientist - Baccalaureate or Licenciatura Degree

 

• Zoologist - Baccalaureate or Licenciatura Degree

 

Teacher Occupations

 

• College Teacher - Baccalaureate or Licenciatura Degree

 

• Seminary Teacher - Baccalaureate or Licenciatura Degree

 

• University Teacher - Baccalaureate or Licenciatura Degree

 

6. You Must Meet the Educational and Professional Requirements for the Proposed Job

 

To qualify for a TN visa, you must satisfy the educational and professional requirements for the proposed US job. For each of the professions listed on the list of TN visa occupations, there are educational and professional requirements.

 

Please see the list above for the educational and professional requirements of each TN profession.

 

7. You Must Have Non-Immigrant Intent

 

To qualify for a TN visa, you must have non-immigrant intent. Specifically, the TN regulations state that you must be seeking “temporary entry” to the United States. This means that you should not have the intent to permanently reside in the United States.

 

In order to satisfy this requirement, you should demonstrate that your US job will be temporary. Additionally, you should show that you have a foreign residence abroad, that you will maintain your foreign residence, and that you have strong ties to your foreign residence.

 

You can demonstrate strong ties to your foreign residence by showing that you have obligations, commitments, property, bank accounts, family, etc. in your home country.

 

Feel free to email me directly at Michael@AshooriLaw.com to further discuss how to document your non-immigrant intent.

 

8. Conclusion

 

The TN visa is a powerful option for citizens of Canada and Mexico to live and work in the United States. Yet, there are multiple TN visa requirements that must be carefully satisfied in order to qualify for a TN visa.

 

Here are the 5 main TN visa requirements:

 

• You must be a citizen of Canada or Mexico
• You must have a job offer to work in the United States
• Your proposed US job must be listed on the TN Occupation List
• You must possess the educational and professional requirements for the proposed US job
• You must have non-immigrant intent

 

If you have any questions about the TN visa or if you need help with getting your TN visa, email me directly at Michael@AshooriLaw.com. I would be happy to walk you through the TN visa process and answer your questions.

 

Ashoori Law is a Los Angeles based immigration law firm focused on employment-based immigration.

 

Resources:

 

• TN Visa Guide: What You Need to Know About the TN Visa
• NAFTA
• 8 CRF 214.6